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training is ryan brought here from the competitive enterprise institute
associate director of technology studies ryan thanks for doing this
thank you could either so i was reading about people vs
yes and it my reading of it is that police now can legally search your
mobile phone when you are arrest
did and it's not clear to me even if maybe you were just detained debunk sure
you know more than i do without first getting a search warrant tell me about
the
that's basically correct
what happened was that a few weeks ago at the california state supreme court
ruled that
anytime police were rescued for any reason anne irreparable
search your cellphone if on your purse
or immediately goat cheese with your person
which means if you're arrested for driving that if he felt wish it can be
done some state
the police
may arrest you
what your country they could take your cell phone
and
go through it rifled through all that information and it may find to be used
against you
and yet no recourse whatsoever
so if you do get pulled over and you haven't been arrested by police as they
often do say can i take a look at this
in vehicles so on and so forth what is the law pertaining to looking into the
content of the cell phone in that situation
or the police
will often request
the u_k_ twister
of all directors what's called
but unless you are required to comply in which capably pretty clear that request
you can't say no and you
should say no if you care about particular civil liberty
the implications of police trish in your company pretty severe
even up
infant text messaged or email interpret the wrong way by a judge
serious repercussions but if we do a search warrant we'd krummel charges be
filed
so and just before we go on competitive enterprise institute is my audience who
want to know you guys illegal libertarian somewhat conservative is
that no good reason
or libertarian think tank we focus
primarily on
economic issues
but we also work on think evolving technology civil liberties with the area
that i focused on yet it's interesting because i'm but
progressive guy myself and i used to can have the attitude that well if the
police want to talk to me
if i haven't done anything wrong al just talked to them i mean what's the harm
and the more people i've talked to on both sides of the political spectrum and
libertarians and kinda non-political people say nothing is there's this over
criminalization whereby being glad to talk to the police about whatever they
want to question you about
you may inadvertently admit to having committed some crime you don't even know
exists can you talk about that you agree that there is with countless new
infractions and violations of the law it's almost impossible to even know
whether you guilty of something
but absolutely right every year at pope federal state and local level
thousands of new criminal offenses added to the book
a pretty large number of these benches
door choir mentor rate at which the lantern which basically means criminal
intent
that means even if you don't tend to do anything wrong
merely by having a date should some action
that you didn't know violate the law it could be exposing yourself to
potentially
be convicted of a crime
and probation fine perhaps
this is going to get a lot of conservatives
grasses libertarians folks across political spectrums are increasingly
agree unfortunately
folks law enforcement community in bureaucrats in government take a
different proach
warlords ratted the books more regulations rat the books
it means more jobs on government payrolls but ultimately if you are
freedoms and it will bore more vulnerable to being arrested for no good
reason
saw definitely accurate to say that he should be very wary about talking to the
point
certainly many
weaken connors will go smoothly
athlete generally tend to be honorable people who are trying to do their job
their goal is too
find criminals and put behind bars and if they think the you know they can
prove you committed the crime
the police don't have the
they have discretion but they often
elect against give me the benefit of the doubt and a lot of people will say to me
you know when when they don't talk to the police crowd and the police will
will charge you for anything they can they say well you're just paranoid you
have this idea that the police are out to get you or that the police are bad
but this
is really a different thing because this isn't police per se it sounds like it's
the whole system
exactly it's about
tune we log on the books
dot we owe a lot of prosecutors will not prosecute people broken these laws
we have police who want to
if any arrests and convictions as they can
so it really is entire system being
a broker it's really not about
back caught because though that the fact is that
both cop talk that cops were cops rock they're just trying to their jobs
problem is their job it turns out it make a few not aligned with like the car
framers with attended
but the others the other thing i was thinking of was as a libertarian group
that also is one that seems to agree that there is over criminalization going
on what's your take on bl
the jailing of nonviolent drug drug offenders
or very skeptical of degree to which america card sorry
non-violent drug offenders
intact america has the hype incarceration rate of
any developed country on on our by party fact
week are straight more
two percent of our population almost any
country of all
it's remarkable how many americans are behind bars how many americans have
criminal records for things like that smallmouth of
marijuana or force working a ***
their whole range of victimless crime
the really shouldn't be crimes in the first place
they account for a very large number of all police to wrap very large number of
convictions one worst part about it is for these crimes tend to be
disproportionately used to prosecute
mild minorities low-income individuals who may be can afford to the lawyer
don't know their rights which is why it's important that
everybody understand what rights they have
and your guys you're sure you guys are in a liberal think tank a
we're definitely not
dairy cattle regulation
which skeptical of government about energy market financial markets we are
very much aligned with the view that government
should be reduced dramatically sided scope
doesn't she deborah bedroom bench got our border forget that a little bit to
the cell phone thing sub a couple people emailed me when we said we were going to
talk to you once said well just put that four number password your pin on your
phone and that solves it and other said
goes that further and encrypt your phone
i've no idea how that is even done are either of those solutions to keeping the
police at your phone
both very good idea
the easier it is for police to find based on your phone the more likely it
is that help by pat incriminating
if your foot no pitbull password or walking cody they can pretty much just
turn it on arrival through text messages
if interested you you've got your phony pocket out there that
pincode it's more work for the pulley